DuPage County Zoning Board of Appeals met Aug. 31.
Here is the agenda provided by the Board:
Petitioner: Dr. Refat Baridi, 131 St. Francis Cir., Oak Brook, IL 60523
Request:
1. Re-zone from R-4 Single Family and OR Office Research to B-2 General Business district for new commercial center; and
2. CU PDD for Commercial Center and drive through; and
3. Exception (Variation) to reduce the required number of parking spaces from 269 spaces to 265 spaces.
Legal Description:
Baridi’s Plat Of Consolidation Being In The Southwest Quarter Of Section 2, Township 37 North, Range 11, East Of E Third Principal Meridian, In Dupage County, Illinois.
Respectfully Submitted,
Robert J. Kartholl, Chairman,
Dupage County Zoning Board Of Appeals
Please be advised that access to the 421 JACK T. KNUEPFER
Administration Building is limited to the main entrance located in the center on the east side of the building.
Case #/Petitioner T-1-17 Text Amendments to the County Zoning Ordinance relative message center signs and fences
Zoning Request:
Text Amendment to the DuPage County Zoning Ordinance to:
1. To allow for the que for message center signs from 5 minutes to 10 seconds.
2. To allow fences to be limited to certain heights in residential zoning districts to accommodate the attenuation of drainage below the fence to wit:
a. In residential zoning districts where the fence height requirement is no taller than 4 feet change the Code from 4 feet to 4.6 feet.
b. In residential zoning districts where the fence height requirement is no taller than 6 feet, change the code to 6.6 feet.
c. In residential zoning districts where the fence height requirement is no taller than 8 feet, change the code to 6.6 feet.
d. In non- residential zoning districts where the fence height requirement is no taller than 8 feet, change the code to 8.6 feet.
Petitioner: DuPage County Building and Zoning Department
Publication Date Daily Herald: August 2, 2017
Public Hearing: August 31, 2017 at 6:00 p.m. Room 3500-B, JACK T. KNUEPFER
Administration Building 421 North County Farm Road Wheaton, Illinois 60187
Please Note: Filing Of This Form Does Not Substitute For A Formal Objection Pursuant To The Illinois State Statutes.
Zoning Request:
Introduction:
1. In the past 12 months several petitioners have come before the county seeking to reduce the que for message center signs to match the State of Illinois Division Of Transportation allowance of not more than 10 seconds. In all instances the ZBA, Development Committee and County Board have approved the variation requests.
• As such, staff seeks to hold a public hearing before the ZBA to amend the Zoning Code to allow for the que for message center signs from 5 minutes to 10 seconds.
2. The County has adopted new policies relative to fencing and adequate drainage underneath the fencing.
• As such, staff seeks to hold a public hearing before the ZBA amend the Zoning Code to allow fences to be limited to certain heights in residential zoning districts to accommodate the attenuation of drainage below the fence to wit:
o In residential zoning districts where the fence height requirement is no taller than 4 feet change the Code from 4 feet to 4.6 feet.
o In residential zoning districts where the fence height requirement is no taller than 6 feet, change the code to 6.6 feet.
o In residential zoning districts where the fence height requirement is no taller than 8 feet, change the code to 6.6 feet.
o In non- residential zoning districts where the fence height requirement is no taller than 8 feet, change the code to 8.6 feet.
Staff has reviewed the codes of several communities in DuPage County, our own building, health and environmental codes and other Collar County regulations with respect to these land uses and we have developed proposed text amendments thereto we feel will clarify and strengthened our code enforcement efforts.
Proposed Text Amendments To The Dupage County Zoning
37-407: Fences, Walls And Shrubbery:
37-407.1: General Requirements:
37-407.2: Residence Districts:
A. Front Yards:
1. An open fence may be erected at least three (3) inches from any lot line forming a part of the front yard to a height not to exceed four feet six inches (4'6”) above grade. The finished side or “good” side of any fence shall face outward toward the adjacent property or right of way.
2. A gate may be erected to a height not to exceed eight feet six inches (8' 6”) above grade provided the gate is at least five feet (5') from the front property line. The finished side or “good” side of any gate shall face outward toward the adjacent property or right of way.
B. Interior Side Yards:
1. An open or solid fence or non-retaining wall may be erected at least three (3) inches from any lot line forming a part of the side yard to a height not to exceed six feet six inches (6' 6”) above grade. The finished side or “good” side of any fence or non-retaining wall shall face outward toward the adjacent property or right of way.
2. Where a side lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non-retaining wall may be erected at least three (3) inches from any lot line forming a part of the side yard to a height not to exceed eight feet 6 inches (8' 6”) above grade. The finished side or “good” side of any fence or non-retaining wall shall face outward toward the adjacent property or right of way.
3. A gate may be erected to a height not to exceed eight feet 6 inches (8 6”) above grade provided the open gate is at least five feet (5') from the side property line. The finished side or “good” side of any gate shall face outward toward the adjacent property or right of way.
C. Corner Side Yards:
1. An open fence may be erected at least three (3) inches from any lot line forming a part of the corner side yard to a height not to exceed four feet 6 inches (4' 6”) above grade. The finished side or “good” side of any open fence shall face outward toward the adjacent property or right of way.
2. An open or solid fence or non-retaining wall may be erected at least ten feet (10') from the property line adjacent to any lot line forming a part of the corner side yard to a height not to exceed six feet six inches (6' 6”) above grade. The finished side or “good” side of any open or solid fence or non-retaining face shall outward toward the adjacent property or right of way.
3. A gate may be erected to a height not to exceed eight feet six inches (8’ 6”) above grade provided the gate is at least five feet (5') from the corner side property line. The finished side or “good” side of any gate shall face outward toward the adjacent property or right of way.
4. Where a corner side lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non-retaining wall may be erected at least three (3) inches from any lot line forming a part of the corner side yard to a height not to exceed eight feet six inches (8’ 6”) above grade. The finished side or “good” side of any fence or non-retaining wall shall face outward toward the adjacent property or right of way.
D. Rear Yards:
1. An open or solid fence or non-retaining wall may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed six feet six inches (6' 6”) above grade. The finished side or “good” side of any fence or non-retaining shall face outward toward the adjacent property or right of way.
2. Within the rear yard of a reversed corner lot an open fence may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed four feet six inches (4’ 6”). The finished side or “good” side of any fence shall face outward toward the adjacent property or right of way.
3. Within the rear yard of a reversed corner lot an open or solid fence or nonretaining wall may be erected at least ten feet (10’) from any lot line forming a part of the rear yard to a height not to exceed six feet six inches (6’ 6”) above grade. The finished side or “good” side of any fence or non-retaining wall shall face outward toward the adjacent property or right of way.
4. A gate may be erected to a height not to exceed eight feet six inches (8’ 6”) above grade provided the gate is at least five feet (5') from the rear property line. The finished side or “good” side of any gate shall face outward toward the adjacent property or right of way.
5. Where a rear lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non-retaining wall may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed eight feet six inches (8' 6”) above grade. The finished side or “good” side of any fence or gate or non-retaining wall shall face outward toward the adjacent property or right of way.
37-407.3: Business Districts:
A. Front Yards: No fence or wall shall be permitted in any required front yard.
B. Side/Rear Yards: An open or solid fence or wall may be erected within three (3) inches of any side or rear property line to a height not to exceed eight feet six inches (8' 6”) above grade.
C. Corner Side Yards: No fence or wall shall be permitted in any required corner side yard. (2005 Code)
37-407.4: Office Research Districts:
A. Front Yards: No fence or wall shall be permitted in any required front yard.
C. Corner Side Yards: No fence or wall shall be permitted in any required corner side yard. (2005 Code)
37-407.5: Industrial Districts:
A. Front Yards: No fence or wall shall be permitted in any required front yard.
B. Side/Rear Yards: An open or solid fence or wall may be erected within three (3) inches of any side or rear property line to a height not to exceed eight feet six inches (8’ 6”) above grade.
C. Corner Side Yards: No fence or wall shall be permitted in any required corner side yard. (2005 Code)
Article XI. Sign Requirements
37-1103: General Provisions:
C. Electronic Display Techniques: Including digital display, light emitting diodes (LED’s), electronic messaging, moving, fluctuating signs: The following general requirements shall apply in each zoning district hereinafter specified.
(For purposes of this code electronic display techniques include any portion of a sign that contains alphanumeric characters, graphics or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LED’s), fiber optics, light bulbs or other illumination device within the display area, including computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics onto the sign face as defined herein)
1. Within 500 feet of Interstate Highway or State Toll Authority Roadway no sign or portion thereof may be established or operate using electronic display techniques as defined herein nor turn on an axis, rotate, revolve or otherwise physically move.
2. Any sign utilizing electronic display techniques in whole or in part must meet the following operational standards:
a. Duration. In all districts the full sign image or any portion thereof must have a minimum duration of ten (10) seconds five (5) minutes and must be a static display. No portion of the displayed image may flash, scroll, twirl, change color, in any manner imitate movement, or meet the characteristics of a flashing sign as defined herein.
b. Transition. In all districts where the full sign image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixalization.
c. Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.
d. Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.
e. Audio or pyrotechnics. Audio speakers or any form of pyrotechnics on signs or as part of the operation of any sign are prohibited.
f. Fluctuating or Flashing Illumination. No portion of any sign may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any manner creates the illusion of movement; and Video display.
g. No portion of any sign may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or in a manner that depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes. (2008 Code)
END
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